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of justin bieber and at my age i have to wonder why who is the heck is this kid and why can't somebody get him a haircut. >> brett: for all the bieber fans you can tweet me. that is it for this special report. fair and balanced and unafraid. >> bill: we're on. tonight. >> health care is the single most important thing for america's long-term health. >> a federal judge deals it a stunning blow, it's unconstitutional! megyn kelly has the story. >> bill: the chaos is egypt already hurting the u.s.a.,
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we'll tell you how and glenn beck, mary ham and mark lamont hill will analyze and bernie goldberg on whether journalists should socialize with powerful people and some media people showed up. >> caution you are about to enter the no-spin zone. the factor begins right now. hi, i'm bill o'reilly. a federal judge says no to obamacare. that is the subject of this evening's talking points memo. a judge in florida ruled the federal government cannot force americans to buy health insurance and declared it unconstitutional. responding to a lawsuit from 26 states, the judge says, quote,
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congress exceeded the bounds of authority in passing the act with the individual mandate to buy health insurance because the individual mandate is unconstitutional and not severable. the entire act must be declared void, unquote. >> obviously a major blow to president obama because health care is his signature issue. before the judge's ruling, two judges sided with the administration and one had ruled obamacare unconstitutional so it's two against two. thus as predicted the law will go to the supreme court. talking points is not surprised by the judge's decision. a year and a half ago i said this. >> government is saying that you have to buy health insurance? >> right. >> i say it's unconstitutional. the government doesn't have the power to force an american to buy that. >> the question is, if i knew that and many of you knew that why did the obama administration not know. the answer -- wishful thinking.
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from the beginning, the issue of force to purchase was paramont. this is not a public safety issue where laws are made to protect people. if you can't afford health insurance there are entitlements to help you out but some folks will not buy health insurance. if the feds can insure your healththey can extend the mandate and compel other purchases in pursuit of social justice. that is what this is all about. constitution limits the government from interfering from individual decision-making. it will be fascinating how the left reacts to the judge's ruling. i predict it will not be pretty. and supreme court will uphold today's ruling 5-4, say goodbye to obamacare. >> that is memo. and reaction, megyn kelly. i was talking to you in that clip. i was making a bold and fresh
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statement that this was going to do that and you were not. >> i didn't say you were wrong. i provided the law. >> you were equivocating? >> the congress clause allows the congress to do a lot and that is the clause they used to enact the law. >> it was bogus. >> but you seized on distinction it's one thing to use the commerce clause that we can regulate activity no matter how small or personal or little it seems to affect interstate commerce. it's quite another thing that we are going to use the commerce clause to regulate inactivity. >> bill: right. >> and that is what basically what the 78-page opinion came down to. >> bill: so the way it comes down, i'm not a lawyer and not much understanding of the constitution according to you on career and you who covered a supreme court and a lawyer -- i
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was right and you weren't. >> how was i wrong? >> i didn't back me up. i'm not in the business of making predictions i report legal analysis. if you want lemon analysis, it's still going to be a close case. it's going up to the supreme court. i was the one who told you it will likely be 5-4 and it will be 5-4. >> so i would be right again. >> you got that from me. so to strike down the mandate because it is an unprecedented exercise of congressional power. >> bill: it wasn't written for lawyers and wasn't written to get around the basic tenet is, individual freedom. if you look at all the constitutional amendments and the way that the flamers put it into writing, it all comes back
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to one thing. the government should not ichb truth on your individual freedom unless you are hurting someone or doing something that hurts them. >> for them to step in there has to be ghood reason. they talk about in this case. about okay, if the government can step in to make you do something because not doing it could wind up having an effect on commerce, why can't it come in and compel you to buy and take vitamins? to buy a gym membership? >> bill: to mandated purchase, which is you, megyn kelly, you have to buy this for whatever reason. once you open the door and ruled constitutional, the feds can mandate that every american has to buy stuff. >> right. once you have one case on the books. >> bill: the argument is in play to buy car insurance but that goes back to the public safety argument. >> and it goes back to
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inactivity versus ak at this time. if you have to buy car insurance you chose to buy a car to get a license and then you want to drive it. it's not the same as someone sitting.... >> bill: but i think the public safety component comes in because you are putting yourself in the public in a car and you could hurt someone. you have to make that person hole. >> the supreme court has struck down other attempts to legislate when it comes to public safety in the past. there is one called lopez and one called morrison talking about trying to ban guns within a school zone and one trying to ban violence against women. the supreme court struck both of those down by congress saying you tried to use the commerce clause to pass those laws, they may be good causes but you don't have the power. >> bill: now, the obama administration, they are going to say, they already filed an
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appeal. >> going up to the supreme court no question. >> bill: they are going to say, listen, we're right. we can do it and behind the scenes, behind the scenes i'm going to ask the president about this on sunday when i interview him -- he's got to go going, if this goes down.... >> you are starting to hear spin. frankly, that is what it is. obamacare or health care law can survive despite the mandate. >> bill: no it can't. >> let me cite the judge, quoting the government's argument, they argued to this judge the individual mandate is absolutely necessary for the act. they refer to as an essential part of the act. >> bill: that was the justice department. same guy is going to the supreme court to argue it in florida. >> that is the thing. you can't have the health care
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law revised on this. you can't have present existing conditions funded. >> bill: at this think they could modify the law to make it -- we this many times -- to make it easier for people not to get hosed by the insurance companies. next on the rundown, obama administration handling the egypt crisis an effective way or are there screw-ups involved and later, glenn beck and bernie รบรง>?[ozo
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>> bill: let's bring in mary and professor mark lamont hill and subject healthcare and egypt. political ramifications on the ruling today. the president, they are going to put a face we're confident we're going to win but this is a big blow? >> it's a big deal. fight will go on. >> bill: why are you so happy? >> it is a big deal that the entire thing was stepped on, not just the mandate which i do believe is unconstitutional based on the conversation that you were having earlier, that regulating inactivity operates the door to incredible number of things.
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he took it one step farther that it's not severable and that is huge deal. i don't think it's great for public opinion. >> bill: but the issue is obamacare and now he finds himself in limbo until the supreme court rules it. the house is going to wait. >> republicans are daring them to take a vote on this. they have signed on to it. >> bill: now they have excuse not to do anything. >> what it does, i think, is deal with public opinion about health care that is not strong. >> bill: now mary is doing a victory dance, you are experiencing -- what are you doing? >> not at all. i spoke to a person at the white house prior to the decision, she said, you win some and you lose some. even if we lose, this is what
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the president expects it's going to the supreme court. this isn't a blow. that is what the obama administration expects. i disagree it's unconstitutional. >> bill: we'll let the supreme court decide that. but i think mary is right, when you see the next poll on obamacare because of the ruling, most americans don't like it anyway. that is going to go up. >> first of all, i do agree it's blow in the court of public opinion but the strategy they expected it to happen. of course, if the american people believe it's unconstitutional it's going to hurt public opinion. this does not mean that obamacare or health care reform is dead in the water. even if the supreme court agrees with what you are saying 5-4 and i think you are wrong. >> bill: we'll bet a dinner on this down the road but it certainly does because if it's ruled unconstitutional it has to
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go back to ground zero with a republican house. it hurts president obama in this way. we assume that the supreme court will fast track this. hear it and decide in the fall, in the fall. that goes right up into the presidential campaign of 2012. if he has a loss like that on his resume going into the campaign, it can't possibly help him. >> if the entire law is found to be unconstitutional, he has to start all over, that is a different issue. just the mandate part, there is a lot of room for compromise. there is a lot of room for other things. >> bill: there is some good things in obamacare care but once the mandate the whole thing in collapses. >> bill: in my opinion, it does and it's my show. let's go to egypt. grade the obama administration. we pay you to do this. >> i'm ready to give you a
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grade. csmgs. i'm going to be more friendly to the obama administration. >> bill: "c" isn't friendly. what could they have done better >> i think it's could be fair.... >> bill: what could they have done better? >> i think they could have signal to back the more moderate forces on the ground. >> bill: who are they? >> that is who we are figuring out. i'm not terribly encouraged. >> bill: are you going to give them a fair grade? >> i'm going to be ideologue and give them a "d" minus. absolutely. first of all, joe biden's remarks about mubarak. >> bill: he is comfortable with
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it. >> you are giving him a "d" minus what would you have done different? >> pleoy democracy. encourage him to step down. >> bill: that is what we tried to when the shah was supposed to get out of there. >> that is right thing to do, there is on the ground strategy that you don't replicate iran again. obama administration has said we hate despots and dictators but he is a dictator. that is the wrong way to go. >> bill: obama has done business with him for two years. for them to say, we hate him. come on! he has helped us out, mubarak. i'm not sticking up for him because he a dictator. i'm giving obama "b" on egypt because he is in a tight spot.
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it doesn't make it right for the u.s.a.. >> it doesn't make it right, bill. >> bill: for 30 years he has kept us out of war. >> you cannot promote democracy and anti-democracy like this guy. >> bill: this guy has kept israel and egypt out of a war for 0 years. i got to go. "d" minus, "c", "b". behind the scenes stuff, secret stuff between hillary clinton and egyptian authorities. and glenn beck has some thoughts on the crisis in egypt. his report after these messages.
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>> bill: we rely on security out fit for a lot of information, check over at you can link over to it. o' and author of a brand-new book "the next decade." we assume there is something going on between the obama administration and egyptian military because they are holding power there, am i right? >> the military has held the power for decades. the problem is that the president spoke to mubarak and he apparently told him that he has to hold elections in september. at the same time as the demonstrators are saying, they don't want to wait that long. so he managed to undermine mubarak at the same time not to satisfy the demonstrators.
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now, the u.s. has intruded and not the most comfortable way. >> bill: i think that mr. obama did that to buy a little time because he doesn't want complete collapse of that government so the muslim brotherhood and other jihadists could fill the void, you don't foe which way the army is going to go. >> i'm not clear that the demonstrations are that powerful. there is a tendency on the media to inflate them beyond what they are. it's possible they will be more powerful in the next few days at this point it doesn't appear the army has lost power. i did the don't think we should be treating them equally at this point. >> bill: when you say that, who equally? >> the demonstrators with the military. >> bill: you say army maintains the force in the country. but i maintain i'm not sure where the military is going to come down. the fear i have is what i articulated before.
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iran, when the shah got booted out there, he was a bad guy but he helping the united states just like mubarak has helped the united states. we don't know where the army is going to go. is the army going to go like they did iran and back an ayatollah, a crazy guy? >> my view of the egyptian army they want to promote another general, as sadat and nassar and mubarak was. mubarak refused to move on. he wanted to put his son in the place. the army wanted to block them. there was a lot of opportunities here for the administration to intervene very quietly in trying to manage and help manage this transition. they waited until the demonstrations started and it makes it looks like the united states is pressing the military and that is going to be unpopular. >> bill: we assume there is lot
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of stuff going on between hillary clinton and the state department of secretary of state president obama, i don't know who his main emissary is, mubarak is through. it has to be all military, right? >> we understand that bob gates has done a lot of the talking both to the egyptian and military. obviously they are trying to keep a lid on it. i think everybody is trying to gauge whether there is really a crisis. there were demonstrations, they were serious. people were killed. the muslim brotherhood is lurking somewhere in the darkness behind all this. at the same time i'm not convinced that the army has lost control, i'm not convinced there is the terminal crisis where.... >> bill: how about mubarak, are you convinced he was done? >> i was convinced he was done a year ago.
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i can't believe he is still alive. he is old and tired. >> bill: we don't know who is going to take his place. >> it's a different regime mubarak will go but it will go on. >> bill: bernie has thoughts on journalists socialize weigh the administration. and glenn beck how egypt affects is us and what beck would do about the situation. we hope you stay tuned for those hi, anne.
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>> bill: g-man spent his entire programmable analyzing the situation in jit. here he is to bring us up to date. so, you are not happy about any of this, right? >> no, i think we're actually possibly the witnessing arch duke ferdinand moment. he was the guy that was shot a few months later and started the first world war. i think we're in real danger. >> bill: so mubarak is bad guy, 30 years we have been dealing with him. >> and we're in bed with him. >> bill: we pay him a billion and a half a year. he does us favors. he is against the jihadists. he doesn't cause trouble with israel. he takes some of the al-qaeda captives and dunkes them in the
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water and generally cooperates with the united states on a global initiative. meanwhile, he brutalizes his own people and they hate him. >> i think people get wrong with united states. why do they hate united states. they hate our freedom -- do no they don't. they envy our freedom. they wish we stood for freedom. can you imagine somebody coming over to your house, you know what raiding the refrigerator all the time. >> bill: here is the mistake you are making. we have the same predicament with the shah of iran. what took his place, ayatollah was thousand times worse than the shah. >> i'm telling you it's going to be very similar to the iranian situation. >> bill: that is a catastrophe.
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i'm not sure it's going to happen. the egyptian military is different than the iranian military was. it's more powerful and more secular. when you have a choice of two individuals, all right, ayatollah or shah, you have to go with the shah as bad as he is. >> we didn't do these kinds of things before the progressive movement. george washington said, stay out of other people's quarrels. >> i know nobody would think it would work but we never tried it be switzerland. >> bill: you are wrong. before world war ii, there was a tremendous movement in this country to stay out of the european war. >> that is not true. >> bill: woodrow wilson.
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>> world war i, stay out of it. >> it was a big most of the time to stay out, okay. then you saw what happened. it was a catastrophe. >> why it was a catastrophe because we meddled in people's business and we told england to sink their ship in world war i. >> bill: stay away from world war i. world war ii in plofg my point, we tried to stay out of world war ii. majority of americans didn't want to get involved with hitler. it was a disaster. >> i understand that but what you are not taking into account that is what the average person thinks, just like the average person on the street of cairo thinks they are swept up in some freedom movement. it is not about freedom. it's being orchestrated by the marxists and communists and
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muslim brotherhood. >> bill: let's deal with the root situation in egypt. this is important to every american. most americans understand how important this is. if the jihadists take over, there is going to be a fight for israel, number one. and al-qaeda is going to have another sanctuary, that is number two. if they don't take over and the army takes over, there is going to be more violence. that is what they do. they try to deassemble society. so what is obama supposed to do? throw in whom? there isn't a moderate voice. >> you are right. you are looking for an easy answer, i don't have one. >> earlier in the program we had mary giving him a "c". >> i'm not criticizing the administration. >> bill: but i am asking you what you would do if you were in
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charge. >> this is consistent everything i've said the last two years, the system is broken. >> bill: which system? >> the entire system. the way we have played the globe. >> bill: so you want to be switzerland, to sit it out? >> here is what is going to happen. i understand that mubarak is a brutal ugly guy. i don't want to be in bed with him. i agree with you, if the jihadists get in charge, it's all of them and dominoes will ripple all the way up and over. >> bill: you want to take a swiss posture and let the rest of the world sort out their problems. here is why it can't happen. the jihad. >> jihad coupled with the communists. >> i see the jihad as more of the problem as socialist movement. they are going to come after us
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even if if we sit it out. the stronger they get overseas. >> how much money do you have. do you realize we can't fight the way we fought in afghanistan and iraq. >> bill: i agree. we have to do surgical stuff. we have to stand for something. >> we do stand for democracy. >> bill: we do stand for that. >> second largest position of getting our money. he is torturing people with our money. >> bill: i understand that. >> 30 years, talk about it. this think about it. >> 30 years, you had carter and clinton, two years home, reagan, they had nowhere else to go in that country. i've been there. it was chaos. there is nowhere else to go. >> i understand that. but everybody is blaming us
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because we want oil over. there we don't want oil. >> bill: there is no oil in egypt. it's transported. there is some validity to that. >> we are redistributing to the wealth. >> bill: next week we'll get to the oil business. i disagree i don't think we can be a neutral switzerland. i want you to know this. i don't think we can adopt that posture and survive either. >> think i we need to progress to that posture. >> bill: don't use that progress. glenn beck everybody. when we come back, it seems more journalists are socialize weigh people they cover.
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>> bill: i'm bill o'reilly and bernie segment tonight, senior advisor david axelrod returned to chicago to run the president's reelection campaign. there was party held in d.c. and she used to work for the obama campaign. at said party was former fox correspondent major garrett, and abc news correspondent all covered the obama administration. from miami to discuss the purveyor of bernard
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if you were invited to the party would you have attended? >> there is a better chance of being invited to hosni mubarak's party. but, yes, i would. if a journalist is invited to a party, even a private party where the president and his chief political guru are two of the guests, you must attend. there is obviously major newsmakers. i suspect that the question you really asking, can a journalist go to a private party like this, socialize with the president and his political advisor and then the next day be skeptical journalist cover them? theoretically, yes, but let's get real here. we're talking about a lot of
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washington journalists have been too close to this president. they rooted for him when he ran for president in 2008 except for an occasional hard question or occasional hard story, they continued to root for him. many of them. it a charade and the charade is saturday night we'll have a good time and socialize but sunday and monday morning, i'm going to become a hard-nosed journalist who is going to pepper you with a hard questions and cut you no slack. sit do-able? yes. all i'm saying because of human nature it's not easy. >> bill: okay. it is a tough line. i go to the white house christmas parties. i went to one under president bush because its business thing for me. hundreds of people floating around. i do business there. i get people, look and it helps
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me. i do. we have a concession outside the white house east lawn. private parties? a little bit more -- i don't know. i went to a couple of q&a's, i remember donald rumsfeld had a q&a but it really wasn't a party. it was a sally quinn, that kind of thing, they were there. i think it's too much media power. it started with kennedy, j.f.k., he did it and he started it. he was the most successful president basically making these guys all his friends and they protected him. ever since nixon was the only guy that didn't have any friends. he maitd hated the press. but carter did it. it makes me queasy.
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>> i can understand why. let me say that in all my years of being a working journalist and i have covered thousands of people i've only made friends, intentionally made friends with only like three or four over all those years. i don't want to be friends. i don't want to be friends with people that i may have to cover again. i'm not saying that a professional journalist can't separate that friendship from his job, but i am telling you that we're all human, contrary to what the public thinks of journalists. it just isn't easy being friends with somebody and then go after substance on the issues. >> bill: that is why i'm not criticizing major garrett or at no time because access is everything in this business.
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you have to be able to get people on the phone and be able to talk to them. if you know them a little bit, they are much more likely to talk to you. there is that to be said. i'll give you the last word. >> i think it doesn't happen often but i think you made a very good point. the point is that when you go to these things, not the white house christmas party, but when you go to a private party -- by the way, thrown i by a former journalist who joined the obama administration to spin healthcare on the press, there is a danger. the danger is that you are a little too friendly. when you are too friendly with somebody you are less likely to be as tough with them as a stranger. >> bill: all right.
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reality check, starring mark zuckerberg on friday night live. we'll be right back.
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>> bill: reality check, where we look for situations that need clarity. check one, cable news network giving plenty of coverage to egypt as you know. and, of course, with that comes some spin. >> leading up tonight, proving the iraq war wasn't needed. protests in egypt and tunisia are dictators supported by the u.s. demonstrations have not turned anti-american but they could. these are events the bush administration hoped to
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encourage about lying about weapons of mass destruction and invading iraq. >> bill: not making the linkage there. check two, actor richard dreyfuss promoted his campaign to encourage civil debate in america. after his speech a reporter caught up with him. >> msnbc show has said of dick cheney, quote, he is an enemy of the country, in my opinion, dick cheney is an enemy of the country, lord take him to the promised land? >> that is not uncivil, that is actually kind of a beautifully phrased way of saying something that could be uncivil. civility is not saying negative or harsh things. it is not the absence of critical analysis. >> bill: so, wishing somebody
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was dead -- is not -- okay. check three, wikileaks guy julian assange being held in england. he told 60 minutes this. >> there is a perception on the part of some people who believe that your agenda is anti-american? >> not at all. our founding values are those of the u.s. revolution. we have a number of americans. if you are a whistleblower and you have material that is important we will publish it you can't turn away material simply because it comes from the united states. >> bill: believe assange is a major villain if he puts people in danger. >> check four, in california liberal groups showed up to protest a tea party funding conference.
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a blogger was there, too. >> what is your name, sir? >> i'm happy to be here. i'll tell this is what we need more of in america. this kind of 3-d, you know to win this country back! >> what do you mean by revolution? >> revolution. you know what i mean by revolution, what is happening now in egypt needs to happen here. >> bill: i think i saw that guy at woodstock, he was with joe cocker. >> and mark zuckerberg was a big deal and saturday night seems to agree. >> i'm mark zuckerberg. >> one of guys. no, i am. >> that is my evil twin. those guys are such nerds.
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>> yeah. >> bill: okay. and finally check this. internet related. let's go back in time to 1994 when katie couric and brian gumbel held court on today show. >> what do you think of that. it's becoming really big now. >> what do you write to it like mail? >> a lot of people communicate with nbc and they use internet. >> i still don't know what the internet is. >> bill: 17 years ago, america was a far different place and we'll come back with speaker boehner and his addiction. that
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10. >> bill: pinheads and patriots starring john boehner and smoking. i'm getting a lot of questions about my interview this coming sunday with president obama. i can't tell you what is coming. if you read my first interview principled in pinheads and patriots you get an idea of how he and i interact. i expect the same sunday. i could be wrong, because it is live, that should be drama.
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now the mail: >> bill: i'm glad you checked in bob so i could clarify. some right wing websites are putting similar stuff out there saying a piece of legislation sponsored by senator collins and lieberman would give the president the power to suspend the net. the president cut shutdown the net chairing marshal law any time he wants so it is bogus . >> bill: i don't imply, i say. i believe egyptians have a right to died who should run their country. i pray it is not the jihadists.
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>> bill: i think ken has it right. most americans regardless of color vote ideology when they vote bloc, not color. keyes runs, african americans will vote for him. >> bill: i think he would say the charity is transparent and acts quickly when fraud is discovered. >> bill: that's what we are here for, glad you are watching.
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>> bill: thank you for your char right able work tyler. you are setting an example for kids your age. finally i. sunday chris wallace asked speaker boehner about his smoking habit. >> why don't you stop smoking? >> why do we bring this up again. it is a bad habit, i have it. it is a legal product, i choose to smoke, leave me alone. >> bill: just for smoking is the speaker a pinhead or patriot? kind of an unfair question. we want to know if you hold the speaking deal against him. please vote on
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friday we asked if president obama should be involved with school lunch nutrition issue? 91% say he should not. 9% say he should weigh in. check out the fox news factor website different from spout off about the factor from anywhere in the world. name a town if you wish to opine. here's the word of the day, i'm bringing this back. do not be a noddy. you don't know what it means. but it is a great word and i never hear it. we'll bring it back. also, to get your letter read on air, give me the headline. first line, bing, bing, you
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are a pinhead because. you know what i'm talking about. that way, my eye catches it real quick because i got to go through them fast. again, thanks for watching, please remember the spin stops right here, because we are looking out for youment. >> good morning, everyone. fox news alert. start your morning bright and early. it is tuesday, february 1st. billions of people expected to pack into cairo's main square. they want president mubarak to go. this comes as the egyptian president says he's ready to negotiate. is it too tlittle too late? >> president obama's health care law unconstitutional but even after a second federal judge stops out the bill, the white house is refusing to back down.

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FOX News February 1, 2011 5:00am-6:00am EST

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TOPIC FREQUENCY Egypt 10, Obama Administration 9, Us 6, United States 5, Glenn Beck 5, America 4, U.s. 3, Megyn Kelly 3, Israel 3, Clinton 3, Switzerland 3, Bernie 3, Penn 3, Obama 2, Garrett 2, Zuckerberg 2, Iran 2, Washington 2, England 2, Florida 2
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on 6/26/2011